Cafeteria manager alleges he was terminated due to his age

By Michelle Massey, East Texas Bureau | May 9, 2011

SHERMAN - A 46-year-old Luby's cafeteria manager has filed an age discrimination lawsuit against his employer after he was terminated for allegedly employing undocumented aliens.

John Cartwright filed suit against Luby's Fuddruckers Restaurants, doing business as Luby's, Luby's Management Inc. and Luby's on April 28 in the Eastern District of Texas, Sherman Division.

According to the lawsuit, Cartwright began working at Luby's in 1985 and worked his way up until he was general manager of Luby's cafeteria. Cartwright states his unit coordinator informed him that an investigation concerning improper hiring practices was initiated in May 2010.

He was terminated in June 2010 for allegedly employing undocumented aliens, who were relatives of his unit coordinator.

Cartwright argues that the allegation was only a pretense for his termination. He states the defendant used the services of E-verify to confirm that all employees Cartwright hired were eligible to work in the United States.

After his termination, Luby's replaced Cartwright with a manager younger than 40 years of age.

The defendant is accused of age discrimination in violation of the Age Discrimination in Employment Act.

The plaintiff is seeking actual and compensatory damages, equitable damages, liquidated damages, attorney's fees, back pay, court costs, front pay, damages for inconvenience and mental anguish and interest.

Cartwright is represented by Hugh Coleman of Coleman Law Firm in Denton and Sherry Shipman of Shipman Steppick in Denton. A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 4:11-cv-00242

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